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1991-09-19 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held September 19, 1991 in the Assembly Chambers of the Kodiak island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Pastor Garry Oliver of the Community Baptist Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna F. Smith, Borough Clerk Judi Nielsen, Deputy Clerk APPROVAL OP AGENDA GOULD, seconded by MILLIGAN VOTE ON MOTION MOTION CARRIED APPROVAL OP MINUTES MONROE, seconded by STEVENS None. Regular Assembly Meeting September.19, 1991 KODIAK ISLAND BOROUGH Regular Assembly Meeting September 19, 1991 moved to approve agenda as submitted. Unanimous voice vote moved to approve minutes of July 18, 1991 regular meeting. VOTE ON MOTION MOTION CARRIED Unanimous voice vote AWARDS fen+ PREEENTWflO$ AAAaiI� �w� KIBS104470 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATION Volur's c:V Page ::5 CITISENS' COMMITS A. Agenda Items Not Scheduled For Public Hearing Jim Carmichael, representing the Kodiak island Mental Health_Center Advisory Board, read into the record a letter to Mayor Selby from the Board dated September 2, 1991, that noted the Board failed to approve the fiscal year budget of $1,825,960 at the April 15, 1991 meeting due to a proposed salary increase for the Administrative Assistant position. He said the Board approved a budget of $1,825.960 at the April 22, 1991 meeting but postponed a recommendation to the Assembly until their next meeting due to the Board's concern about a job reclassification. After review of the job description and Ordinance No. 91 -06, the Board failed to approve the Staff Assistant job position on May 6, 1991. Board members felt wording in the job description had not changed significantly from that of the Administrative Assistant job description. Mr. Carmichael reported the Board was still at an impasse. Mayor Selby added the Assembly would meet with the Mental-Health Advisory Board and the Personnel Advisory Board in work session on September 26, 1991. Ceceli4 Esmarza, Kodiak Women's Crisis and Resource Center Board of Directors chairperson, reported on their passage of a resolution to be presented to the Assembly supporting funding for Alaska Legal Services. Mayor Selby added that the resolution supporting Alaska Legal Services would be presented to the Assembly at the October 3, °1991 regular meeting. Ms. Esparza stated the KWCRC felt it important that Alaska Legal Services maintain an office in Kodiak and LegaltServicesyasssisted witthhedivorc Alaska divorce, child custody issues and restraining orders. B. Items Other Than Those Appearing on the Agenda None. Regular Assembly Resting September 19, 1991 KIBS104471 CITIZENS' COMMENTS Volume XIV Page 227 COID[ITTEE REPORTS Ed Myers, Kodiak Island Hospital Administrator, reported on financial progress of the hospital and the comprehensive risk management survey which received a 30% response from the business community. He stated the survey results would be to the Assembly soon and that long range planning would begin in approximately one month. Assemblymember Gould stated he could not attend the Hospital Advisory Board meeting on September 25, 1991, and Assemblymember Fitzjearl would attend in his place. Wayne Stevens, Hospital Advisory Board Member, reiterated the comments of Mr. Myers, stating he believed the Hospital Advisory Board had dedicated and active members and noted the importance of the Assembly meeting with the Advisory Board on a routine basis. John Asparen, Planning & Zoning Commissioner offered to answer questions. Assemblymember Milligan attended the last Planning & Zoning Commission meeting and expressed appreciation for the quality job the Commission did. Assemblymember Gould mentioned the problem of fishing storage in RR -1 and that the issue of public storage be resurrected, to which Commissioner AApgren agreed. Assemblymember Milligan attended the Cook Inlet Regional Citizens Advisory Council meeting, where issues such as conflict of interest were discussed. He mentioned that regional centers were set up for nationwide oil spill response but Alaska and the Great Lakes area were omitted even though half of the nation's oil was from Prudhoe Bay. Assemblymember Monroe announced the Mental Health Advisory Board would meet with the Assembly on September 23, 1991. Presiding Officer McFarland asked the indulgence of L,.. ._ o hear from a citizen who was the Assembly inadvertently missed during Citizens' Comments. Gail Boskofskv, resident of Ouzinkie, called and encouraged the Assembly to support funding Alaska Legal Services. Regular Assembly Meeting September 19, 1991 KIBS 1044.72 ; COMMITTEE REPORTS Volume XIV Page 228 PUBLIC MAIM All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 91 -23 Granting the City of Larsen ORDINANCE Bay the Power to Adopt and Enforce Regulations NO. 91 -23 Protecting the Municipal Watershed. Presented for consideration was Ordinance No. 91 -23 which, if adopted, granted extra territorial authority to the City of Larsen Bay to permit adoption and enforcement of local regulations intended to protect the Larsen Bay municipal watershed. STEVENS, moved to adopt seconded byMONROE. Ordinance No. 91 -23. Mayor Selby gave a brief synopsis of the intent of Ordinance No. 91 -23, stating that most of the watershed with the new hydro dam lies outside Larsen Bay City limits. The Presiding Officer called for public testimony; seeing and hearing none, the Assembly was reconvened. VOTE ON MOTION TO ADOPT Ayes: Fitzjearl, Gould, Hancock, - .Milligan, Monroe, Stevens, McFarland. Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES PROM MAYOR Mayor Selby presented to the Assembly an award from the Southwest Alaska Municipal Conference for successful efforts to prevent pollution, conserve energy, and reduce waste and recycle. The award was awarded through the implementation of the Borough's solid a nd _ __ j _1 i 1W program. Mayor Selbfnoted that the Alaska Legal Services request of $50,000 was one -half of the funding necessary to keep the office open through June of 1992, which gave them time to seek funding from the legislature. He added there was a request to the Bar Association for $60,000. Regular Assembly Resting KIBS104473 Septembsr 1991 PUBLIC HEARING Volume CV Page 229 He reported that the Karluk Lake fertilization project was a success story for the community. He said work continues on the capital improvements list with input from the City of Kodiak, Villages and the Planning & Zoning Commission. He reported on the process of selecting an architect for the Main Elementary School roof repair. He had several discussion on hospital funding. He announced the Commissioner of Health and Social Services, Ted Malla, would be in Kodiak next Wednesday to tour the hospital and to see first hand why it was urgent to replace the facility. He announced a forthcoming meeting of the North Pacific Fisheries Management Council and that testimony was prepared on the IFQ issue suggesting exploration of traditional management methods before instituting a new system that most feel would not work very well. OLD BUSINESS A. Reconsideration of Resolution No. 91 -39 Authorizing a Twelve Month Lease with Five Automatic One -year Extensions of an Apartment in the Apartment Building Complex Located on Lot 5A, U.S. Survey 2538A to the Kodiak Area Native Association (KANA). • Assemblymember Gould requested reconsideration of Resolution No. 91 -39. GOULD, seconded by FITZJEARL Regular Assembly Meeting September 19, 1991 moved to reconsider on Resolution No. 91 -39. Assemblymekber Gould notified the Deputy Clerk the day following the meeting when Resolution No. 91 -39 was adopted. He wanted reconsideration because Assemblymember Fitzjearl had indicated her intention to change her. no vote. She was unable to request the reconsideration because she had not voted on the prevailing - ,vide. After discussion on Roberts Rules of Order and the Borough.Code, Presiding Officer McFarland pointed out that the procedures for reconsideration had been met. KIBS104474 OLD BUSINESS RECONSIDERATION RESOLUTION NO. 90 -39 • Volume XIV Page :30 STEVENS, seconded by GOULD VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO RECONSIDER AS AMENDED Ayes: Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland. Noes: MOTION CARRIED The motion to the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED NEW BUSINESS A. BID AWARDS None. B. RESOLUTIONS Regular Assembly Meeting September 19, 1991 moved to amend to add the words, "to allow Mrs. Fitzjearl to change her vote ". Unanimous voice vote None Unanimous adopt Resolution No. 91 -39 was before Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland. None Unanimous 1. Resolution No. 91 -42 Approving a Records Retention Schedule. Presented was Resolution No. 91 -42 which, if adopted, implemented a schedule to assist with the disposition of Borough records. GOULD, moved to adopt seconded by MONROE Resolution No. 91-42 Staff reported that files would feed directly into the Records Center per the schedule, if adopted. K1BS104475 RESOLUTION No. 91 -39 NEW BUSINESS BID AWARDS RESOLUTIONS RESOLUTION NO. 91 -42 ago vo1_r. x :v P3 :0 :31 VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous 2. Resolution No. 91 -43 An Emergency RESOLUTION Resolution Conveying Any Borough Interest NO. 91 -43 in Rocky Islet to the City of Kodiak for Breakwater Purposes. If adopted, Resolution No. 91 -43 would transfer ownership of Rocky Islet from the Borough to the City of Kodiak. MONROE, moved to adopt seconded by STEVENS Resolution No. 91 -43. Mayor Selby explained that Rocky Islet was a little pile of rocks that the Federal Government gave title to the State of Alaska and subsequently to the Kodiak Island Borough and the City of Kodiak and was omitted from the map. The Corps of Engineers, in preparing the bid for the breakwater, stated that the City of Kodiak had to show ownership of all the lands and waters impacted by the breakwater. Since the Kodiak Island Borough deeded Gull, Uski and Bound Islands to the City of Kodiak in preparation of the construction of the breakwater, Resolution No. 91 -43 would quit claim interest the Borough may have to the City of Kodiak to allow continuance of the breakwater project. Presiding Officer McFarland thanked staff, particularly Bud Cassidy, for diligent efforts in finding a resolution to this issue. VOTE ON MOTION TO ADOPT Ayes: Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland Monroe, Stevens, Fitzjearl, Gould, McFarland Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting September 19, 1991 KIBS104476 Volume XIV Page 232 3. Resolution No. 91 -44 Approving Groundfish RESOLUTION Allocations. NO. 91 -44 Resolution No. 91 -44 as requested by the Southwest Alaska Municipal Conference, if adopted, would provide a fishery management plan which allocated the groundfish resource between the in -shore and off- shore sectors of the fishing industry. GOULD, moved to adopt seconded by MONROE Resolution No. 91 -44. Mayor Selby stated this was a reiteration of a previous Assembly position on the inshore /offshore allocation issue directed to the Secretary of Commerce of the United States. Assemblymember Hancock asked if anyone had come to the Clerk's office to examine the documents. Clerk Smith responded in the negative. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 4. Resolution No. 91 -45 Supporting Adequate RESOLUTION Funding for the Alaska Regional Development NO. 91 -45 organization Program. Resolution No. 91 -45 was requested by the Southwest Alaska Municipal Conference and, if adopted, would support funding for an economic development program. MONROE, moved to adopt seconded by STEVENS Resolution No. 91 -45. Mayor Selby reported four resolutions were adopted by the Southwest Alaska Municipal Conference during their session in Kodiak. This recommendation of SWAMC supported the continued funding at the full level of $700,000 for an economic development program adopted by the State. Assemblymember Gould felt comfortable in supporting this resolution after he spoke with a member of the fishing community who had reviewed the resolution. VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting September 19,. 1991 Stevens, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland KIBS104477 Volume t:/ Page :,J Noes: None MOTION CARRIED Unanimous 5. Resolution No. 91 -46 Urging the North RESOLUTION Pacific Fishery Management Council to NO. 91 -46 Analyze and Implement Traditional Management Methods Prior to Any Further Discussion of an Individual Fishery Quota System. Resolution No. 91 -46 as requested by the Southwest Alaska Municipal Conference, if adopted, would urge the North Pacific Fishery Management Council to analyze and implement traditional management methods prior to any further discussion of an individual fishery quota system. MONROE, moved to adopt seconded by MILLIGAN Resolution No. 91 -46 Mayor Selby stated the Borough had a vested interest in requesting delay of adoption of the IFQ and obtaining statewide municipal support for stopping the IFQ process because that may not be in the best interest of the people who live in Alaska. Assemblymember Hancock suggested the resolutions be forwarded to our congressional delegation because the organizations working on the IFQ had copied the congressional delegation. VOTE ON MOTION TO ADOPT Ayes: Noes: Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland None MOTION CARRIED Unanimous 6. Resolution No. 91 -47 Supporting the Western RESOLUTION Alaska Salmon Alliance. NO. 91 -47 Daaw�..�iww Ian a -A7 as requested by the Southwest Alaska Municipal Conference, if adopted, would support goals and objectives that have been established by the Western Alaska Salmon Alliance to expand salmon markets. GOULD, moved to adopt seconded by MONROE Resolution No. 91 -47. Regular Assembly Meeting September. 19, 1991 KIBS10447 Volume XIV Page 234 Mayor Selby stated support was for increasing markets for Alaskan salmon, utilizing the Alaska Seafood Marketing institute Organization to put more emphasis on domestic marketing of salmon as well as exploring European markets to make a better economic situation for the fishing fleet. Assemblymembers Milligan and Fitzjearl discussed with the Mayor an additional salmon enhancement tax above the current two percent tax. After talking with several fishermen, both Assemblymembers felt that adding the word "optional" after one percent would alleviate the concern fishermen expressed. They also questioned why the resolution favored Bristol Bay salmon fishermen instead of Alaskan fishermen, which was more appropriate. FITZJEARL, seconded by MILLIGAN moved to amend Resolution No. 91 -47 by adding the word "optional" after "1%" in No. 6, changing the words "Bristol Bay" to the word "Alaskan" in No. 11, and deleting No. 17, thereby moving No. 18 to No. 17. Discussion ensued between Assemblymembers regarding legislation controlling quality of fish. VOTE ON MOTION TO AMEND Ayes: Regular Assembly Meeting September 19, 1991 Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland. Noes: None MOTION CARRIED Unanimous VOTE ON MOTION AS AMENDED Ayes: Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland. Noes: None MOTION CARRIED Unanimous KIBS104479 Volume XIV Page 215 7. Resolution No. 91 -48 Supporting State Funding of Salmon Marketing. Resolution No. 91 -48 as requested by the Southwest Alaska Municipal Conference, if adopted, would STEVENS, moved to adopt seconded by MONROE Resolution No. 91 -48. Mayor Selby stated concern was the fact that there was a relatively small amount of State monies going to the Alaska Seafood Marketing Institute and a fair portion of that was matched money from the Federal Government, which required overseas marketing and not domestic marketing. He said increasing the level of effort with additional state funding was the intent of the resolution. VOTE ON MOTION TO ADOPT Ayes: GOULD, seconded by MONROE Regular Assembly Meeting September 19, 1991 Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland. None Noes: MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 91 -24 Amending Personnel Rules and Regulations by Updating Various Position Descriptions and Schedule II. Presented in first reading was ordinance No. 91 -24 which, if adopted, would amend the Personnel Rules and Regulations by changing class titles and pay ranges of eight Borough positions. moved to advance Ordinance No. 91 -24 to public hearing on October 3, 1991. Mayor Selby stated Borough Code required the __• .d__t - -.... Board to review all Borough job Personnel nu I Board to review - - -- descriptions on a regular basis rens ensuring ge that hatteq, ths work received equal pay. a job description and pay range for several positions were modified. Assemblymember Fitzjearl noted concern that the Personnel Advisory Board recommendations were based KIBS104480 RESOLUTION NO. 91 -48 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 91 -24 ar VoL.i'e P1;• :36 on the Arthur.Young Study, yet the report was completely different than their recommendation. Mayor Selby stated the Arthur Young Study was never approved by the Assembly due to dissatisfaction of both employees and the Assembly. The Personnel Board developed a similar methodology for rating job descriptions which was used to determine the recommended changes. Assemblymember Fitzjearl expressed concern at not being provided the correct study and stated she had a problem with upgrading pay scales when the Borough had raised property taxes and put a severance tax in effect. Assemblymember Gould stated the Staff Assistant position was a problem because it was written as a new position, not a reclassification of an existing position. He noted he had no problem with the positions of Secretary III, Clerk /Cashier, and Accounting Technician, but felt the ordinance should be amended to remove the positions of Community Development Director, Associate Planner and Rehabilitation Director from the pay range scale in the ordinance. He stated that numbers could be manipulated and the rating very subjective when numbers were assigned to these positions. Presiding Officer McFarland suggested holding any amendments until meeting with the Mental Health Advisory and Personnel Advisory Boards - inhere a copy of the adopted policy should be available. Asseualymember Stevens agreed with Assemblymember Goula, however, felt it premature to remove the three positions fros the plan until meeting with the Mental Health Advisory and Personnel Advisory Boards. Mayor Selby stated an understanding of the process of determining class and pay ranges would become clear at the meeting on September 26th. Assemblymember Monroe stated the Mental Health Advisory Board had not approved the Staff Assistant position iob description or the accompanying pay raiser. Ayes: VOTE ON MOTION KIBS104481 Milligan, Stevens, Gould, Hancock, McFarland Volume x:V Regular Assembly Resting Page :>> September 19, 1991 4 Noes: Monroe, Fitzjearl MOTION CARRIED 5 Ayes, 2 Noes D. OTHER ITEMS 1. Hospital Advisory Board Member Resignation. RESIGNATION A letter from Gilbert W. Bane informing Mayor Selby of his resignation from the Kodiak Island Borough Hospital Advisory Board was read. STEVENS, seconded by GOULD Mayor Selby thanked Dr. Bane for Hospital Advisory Board, stating VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous Regular Assembly Meeting September 19, 1991 moved to accept, with regret, the resignation of Gilbert W. Bane from the Hospital Advisory Board. Assemblymember Gould noted the Hospital Advisory Board recommended acceptance of Dr. Bane's resignation in order that the position would be filled as soon as possible. Assemblymember Stevens suggested notif ication of vacancy would go the seat should be filled in the None that normal out in November and normal fashion. his efforts on the he would be missed. Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland 2. Appointment of Election Workers for October APPOINTMENT 1, 1991 Municipal Election. Requesting approval of the list of people who have consented to serve as election workers for the upcoming Regular Borough Election. KIBS104482 OTHER ITEMS Volume XIV Page 238 GOULD, seconded by FITZJEARL Clerk Smith informed the was customary to present for approval. VOTE ON MOTION MOTION CARRIED A. Regular Assembly Meeting September 19, 1991 moved to approve list of election workers for the upcoming regular Borough October 1, 1991 election, as presented by the Borough Clerk. Assembly that each year it the list of election workers Unanimous voice vote IMYORMATIOMAL MATERIALS (No action required) MINUTES OF OTHER MEETINGS 1. Kodiak Island Hospital Advisory Board Meeting of May 8, 22, June 5, July 25, and August 28, 1991. B. REPORTS 1. Kodiak Island Borough School District July 1991 Financial Report. 2. Kodiak Island Borough August 1991 Financial Report. C. OTHER None CITIZENS' COMMENTS James Wilson expressed concern at lack of attention paid to mental health issues. The State Mental Health Board met in Kodiak and many members noted the absence of Assemblymembers. Regarding Ordinance No. 91 -24, he stated he felt it was unfair to raise taxes in the community and than give large salary raises. ASSWLYNENEER S CO MMS Asssmblymambsr Gould asked to be excused from the work session on September 26, 1991. KIBS104483 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS A.SSEHDL HEMDCX' $ COMMENTS Volua. Page ::3 Assemblymember Fitzjearl stated she felt that only pending litigation should be discussed in executive session and would object to discussing any lawsuit that had been settled. She also objected to Assemblymembers excusing themselves from an executive session where settled lawsuits were discussed. Assemblymember Hancock agreed with Assemblymember Fitzjearl regarding discussion on closed issues and asked for clarification as to when it was appropriate to excuse herself from discussion on an issue that may be a conflict of interest. Mayor Selby stated possible litigation with Lutheran Homes and Hospital Association and ongoing litigation with regard to the union vote were discussion items for executive session. Assemblymember Stevens took issue with Mr. Wilson's comments stating that although State Mental Health Board meetings were important, other board meetings were equally important. Assemblymember Monroe invited the public to the Mental Health Advisory Board Meeting September 23rd and thanked Mr. Wilson for his comments. Assemblymember Hancock expressed pleasure at the success of the Karluk Lake fertilization project. Assemblymember Milligan attended the last Planning & Zoning Commission meeting and noted that the public complained at not receiving notices in a timely manner. He stated his regret for his inability to attend the State Mental Health Board meetings and invited Mr. Wilson to respond. James Wilson stated a rotating schedule of attendance at the meeting mentioned earlier would have indicated that the issue was being taken seriously. Presiding Officer McFarland stated he felt that having a special Mental Health Advisory Board to the Assembly and Assembly representatives at the monthly meetings indicated the issue was being taken seriously. He thanked Gil Ban for efforts on the Hospital Ad "' -- 7 Board. E ..ves y ted from Mentor Selby an outline of what impact was expected on the budget. He announced the next work session on Thursday, September 26th at 7:30 p.m., in the Borough conference room, and the next regular meeting on Thursday, October 3rd at 7:30 p.m. in the Assembly Regular Assembly Meeting September 19, 1991 KIBS104484 Volume XIV Page 240 Chambers and reminded all voters lst. EXECUTIVI sssssox GOULD, seconded by MONROE Presiding Officer McFarland ruled no conflict of interest for Assemblymember Hancock existed. VOTE ON MOTION Ayes: Noss: MOTION CARRIED MILLIGAN, seconded by GOULD VOTE ON MOTION MOTION CARRIED ATTEST: ( Bono — ugh C erk Regular Assembly Meeting September 19, 1991 to vote on October moved to recess to Executive Session for the purpose of discussing litigation concerning the hospital. Stevens, Gould, Hancock, Milligan, Monroe, McFarland Fitzjearl 6 Ayes, 1 No The Presiding. Officer recessed the Assembly into Executive Session. Presiding officer McFarland reconvened the regular meeting at 10:21 p.m. He reported no action was taken during the Executive Session. moved to adjourn. Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:25 p.m. 2 --ere Mtn. Officer KIBS104485 EXECUTIVE SESSION ADJOURNMENT Volume &:l Page .4 a